Florida calculates child support using a formula based on both parents' income
Florida uses a income shares model to set child support amounts. This means the court takes the gross monthly income of both parents, applies a percentage based on how many children need support, and divides the obligation between them according to their income ratio. The percentages are: 5% for one child, 7.5% for two children, 10% for three children, 12% for four children, and no less than 12.5% for five or more children.
The court starts with combined parental income and calculates what portion each parent owes. If one parent earns $3,000 monthly and the other earns $2,000, and they have two children, the combined income is $5,000. The total obligation is 7.5% of that ($375), and each parent pays their share based on their income ratio. The parent earning $3,000 pays 60% of $375, or $225 monthly.
Income includes wages, salary, bonuses, commissions, self-employment earnings, rental income, and some benefits. The court can also count income the parent could earn if they are intentionally underemployed or unemployed, though this requires proof of deliberate reduction.
Key Takeaways
- Florida's formula multiplies combined parental income by a set percentage (5% to 12.5% depending on the number of children), then divides the result between parents based on their income ratio.
- The paying parent typically receives a credit for overnight parenting time; the more overnights they have, the lower their obligation, because the receiving parent's costs increase.
- Child support orders come from a family court judge or, if both parents agree, from a signed settlement agreement that the court approves.
- The Florida Department of Revenue enforces orders through wage garnishment, tax refund interception, and license suspension if payments fall behind.
- Either parent can ask the court to modify the order if circumstances change significantly — a job loss, custody shift, or new child born to one parent.
How parenting time affects the amount owed
The number of overnights each parent has with the child directly reduces the paying parent's obligation. Florida calls this the timesharing adjustment. If the paying parent has the child 40% of the time or more, their support obligation drops because they are covering housing, food, and other costs during those days.
The adjustment works by reducing the paying parent's share of the combined income obligation. If the formula calculates $400 per month but the paying parent has the child 30% of the time, the court reduces that $400 by a percentage tied to the overnights. The exact reduction depends on the specific timesharing schedule and is calculated using statutory tables or the judge's discretion within the law.
This is why custody and support are often negotiated together. A parent who wants lower support payments may offer more parenting time, or vice versa. Both parents should understand that the court will not set support without accounting for how much time each parent spends with the child.
Who gets the support payment and how it is collected
The parent with primary custody (or the parent receiving more overnights) receives the child support payment. In Florida, this is called the obligee. The parent who pays is the obligor.
Most child support is collected through wage garnishment. The court sends an order to the obligor's employer, and the employer deducts the support amount from each paycheck before the employee receives it. The money goes to the Florida Department of Revenue, which forwards it to the obligee. This is the fastest and most reliable method because it happens automatically.
If the obligor is self-employed, retired, or receives income that cannot be garnished, the court may order direct payment to the obligee or to the Department of Revenue. Some obligors pay through the state's online system or by check. If payments are missed, the Department of Revenue can intercept state and federal tax refunds, suspend the obligor's driver's license, and report the debt to credit agencies.
How a child support order is created
Child support orders come from one of two paths: a court decision or a written agreement both parents sign.
In a contested case, both parents present income information to the judge, who applies the formula and sets the amount. The judge may hold a hearing where each parent testifies about their income, expenses, and timesharing. The judge then enters a written order stating the monthly amount, the start date, and how it will be collected (usually wage garnishment).
In an uncontested case, both parents agree on the amount and sign a settlement agreement. This agreement is submitted to the judge, who reviews it to ensure it is not unjust to the child. If the judge approves it, it becomes a court order with the same force as a judge's decision. Many parents reach agreement through negotiation, mediation, or their attorneys.
Either way, the order must include the obligor's Social Security number, employer information, and instructions for wage garnishment. The order is filed with the court and sent to the Department of Revenue's Central Payroll Deduction Unit, which notifies the employer.
What happens if circumstances change after the order is set
A child support order is not permanent unless both parents agree it is. Either parent can ask the court to modify (change) the order if there has been a substantial change in circumstances. Florida law defines this as a change that is substantial and unanticipated when the order was entered.
Common reasons for modification include: one parent loses a job or gets a significant raise, custody or timesharing changes, a new child is born to one parent (which can lower the obligation to the first child), or the child turns 18 or graduates high school. A parent cannot simply ask for a modification because they want to pay less; the change must be real and significant.
To request a modification, the parent files a motion with the family court that entered the original order. The court will review both parents' current income and circumstances. If the new amount would differ by at least 10% from the current order, the court may grant the modification. The new order takes effect on the date the motion is filed, not the date the judge signs it.
What happens if child support is not paid
If the obligor falls behind on payments, the Department of Revenue begins enforcement. The first step is usually a notice of arrearage (unpaid amount) sent to the obligor. If payment is not made within a set time, the department can take several actions.
Wage garnishment is increased if it is already in place. Tax refund interception means state and federal income tax refunds are seized and applied to the debt. License suspension can occur for the driver's license, professional license, or recreational license (hunting, fishing). The obligor's name is reported to credit bureaus, damaging their credit score.
If the obligor owes more than a certain amount (currently $150 or more in arrears), they can be held in contempt of court. This can result in jail time, though the obligor is usually given a chance to pay or set up a payment plan first. The obligor can also be required to post a bond to may provide future payments.
The obligee (receiving parent) can also file their own enforcement action in court, asking the judge to hold the obligor in contempt or to order additional remedies. Many obligees hire a private attorney for this, though the Department of Revenue provides enforcement at no cost to the obligee.
How child support ends
Child support in Florida continues until the child turns 18 and graduates from high school, whichever is later. If the child is still in high school after turning 18, support continues until graduation or age 19, whichever comes first. The obligor's obligation ends automatically on that date unless the order states otherwise.
Support also ends if the child is emancipated (declared legally independent by the court before age 18), if the child joins the military, or if the child marries. The obligor must notify the court and the Department of Revenue when the triggering event occurs; the obligation does not stop on its own just because the child is no longer in school.
If the child attends college, child support does not automatically continue. Florida law does not require parents to pay for college expenses unless the original order specifically includes that obligation. Some parents agree to pay college costs as part of their settlement, but this must be written into the order.
Frequently Asked Questions
Can child support be ordered if the parents were never married?
Yes. Florida law treats unmarried parents the same as divorced parents for child support purposes. If paternity is established (either through a voluntary acknowledgment or a court order), child support can be set using the same income shares formula. The Department of Revenue can help establish paternity if it is disputed.
What if one parent lives out of state?
Florida can still enforce child support against a parent who lives in another state through the Uniform Interstate Family Support Act (UIFSA). The obligee can file in Florida court, and Florida will work with the other state's court system to enforce the order. Wage garnishment can reach across state lines if the obligor's employer is in another state.
Can child support be waived or forgiven?
Parents can agree in writing to reduce, suspend, or waive child support, but the court must approve the agreement. The judge will review it to make sure it is not unjust to the child. The court can refuse to approve an agreement that leaves the child without adequate support, even if both parents consent.
What if the obligor claims they cannot afford the amount ordered?
The obligor can file a motion to modify the order, presenting evidence of reduced income or changed circumstances. The court will review the request and may lower the amount if the change is substantial. However, claiming hardship alone is not enough; the obligor must show a real change in income or expenses since the order was entered.
Does child support cover health insurance and daycare costs?
The base child support amount covers ordinary living expenses. However, Florida law allows the court to order the obligor to carry health insurance for the child and to split daycare costs or work-related childcare expenses between the parents. These are added to the base support amount and are separate line items in the order.